ARTICLE XII

LEAVE

1. Sick Leave: Each full time teacher covered by this Agreement who is actually working will be entitled to twelve (12) days sick leave with full pay during each school year. The sick leave may be accumulated from year to year to a maximum of 180 days. Sick days accumulated beyond the 180 days will be redeemed at the end of the school year. Beginning September 1, 2005, the rate will be $33.00 per day. Beginning September 1, 2006, the rate will be $34.00 per day. Beginning September 1, 2007, the rate will be $35.00 per day.

1a. Long term substitutes shall be granted one (1) day sick leave for every twenty (20) continuous school days worked. Unused sick leave days shall not accumulate from year to year unless the long term substitute is hired as a full time permanent teacher.

1b. In order to qualify for the aforesaid sick leave benefit, the teacher must notify the School as soon as possible on the first day of his/her illness. The intention of this sick leave policy is to ease the burden of the effects of illness on a teacher and the teachers agree that this sick leave provision will not be abused. Each teacher will, however, have the privilege of using any of these sick leave days for family emergencies and, if used, such days will be deducted from sick leave accumulation.

1c. When absence arises out of or from assault or injury, the teacher, if acting in discharge of duties, will not forfeit any sick days.

1d. Any teacher who intends to leave the employ of the School at the close of the school year and has completed at least three (3) years and one (1) day of teaching will receive a separation bonus of $500.00 provided a written notice of resignation is given to the school by April 15. It is understood that this clause does not apply to those teachers who are retiring. This provision will not apply to teachers hired after September 1, 1999.

1e. When absence arises from a work related injury, and the teacher has applied for and qualifies for workers' compensation temporary disability benefits, the teacher may at his/her option, use one-third (1/3) available sick day for each day missed.

2. Personal Leave: Each teacher will have two (2) days of personal leave during each school year to be used for personal reasons. The teacher can use three (3) of his/her sick days as additional personal days, if necessary. Each teacher will be entitled to take such leave provided the School administration is advised of the same in advance or as soon as possible in the case of emergency. Personal leave not used will become part of accumulated sick leave. The teacher shall give, if possible, notification to the Principal or his/her designee using the Absence Notification Form (Exhibit D).

3. Professional Days: Each teacher shall have the opportunity for one (1) professional day during the school year. Such request shall not be unreasonably denied. This professional day must be related to the teacher's classroom responsibilities. The teacher shall make written application in advance using the Absence Notification Form (Exhibit D). The principal may grant other professional days at his/her discretion.

4. Bereavement Leave: In the event of a death in the immediate family of a full-time teacher (a parent, spouse, child, brother or sister, grandchild, mother-in-law or father-in-law and grandparents), said teacher will be entitled to take a leave at full pay of up to four (4) school days for each death. In the event of the death of an uncle, aunt, brother-in-law or sister-in-law of a full time teacher, said teacher will be entitled to take a leave at full pay for two (2) days. (Exhibit D-Absence Notification Form) The funeral leave authorized by this provision must be taken by the teacher between the date of death and the first day after the funeral. Teachers having to travel long distances to attend the funerals above mentioned may request additional time for travel and it will be granted at full pay. The teacher may use one (1) of his/her sick days to attend the funeral of a person not covered by this paragraph 4.

5. Child Bearing Leave: In the event of pregnancy, a teacher will notify the School of her intent to take a child bearing leave of absence. The notice must contain all necessary information including dates of such leave and anticipated delivery. No teacher will be permitted to work longer than her doctor will permit. A teacher may return to the School on thirty (30) days' notice to the School, upon the permission of the teacher's attending physician. Tenure previously acquired will be restored automatically. Beyond this time period, the School in its full discretion may or may not return the teacher to a teaching position at the School.

6. Child Rearing Leave: A teacher who was granted a child bearing leave of absence may apply for a child rearing leave of absence which will not extend beyond one (1) year from the conclusion of the child bearing leave. After careful review of the application, the Principal's office will notify the teacher and the Association in writing as to whether or not such leave is granted and its duration. All reasonable requests for such leave will not be denied.

6a. A teacher not granted a child bearing leave of absence may apply for a child rearing leave of absence which will not extend beyond one (1) year from the date of birth or adoption. After careful review of the application, the Principal's office will notify the teacher and the Association in writing as to whether or not such leave is granted and its duration. All reasonable requests for such leave will not be denied. Upon conclusion of this child rearing leave, the teacher will return to the School.

7. Adoption Leave: In the event a teacher adopts a child, he/she shall notify the School at least thirty (30) days prior to adoption, except in cases of emergencies, for an adoption leave of absence which shall be for a period of one (1) year following the date of adoption but may, at the option of the teacher, be for a shorter period of time. After careful review of the application, the Principal's office will notify the teacher and the Association in writing as to whether or not such leave is granted and its duration. All reasonable requests for such leave will not be denied.

7a. A teacher who was granted an adoption leave of absence may apply for an additional one (1) year of adoption leave. After careful review of the application, the Principal's office will notify the teacher and the Association in writing as to whether or not such leave is granted and its duration. All reasonable requests for such leave will not be denied.

8. Academic Leave: Leaves of absence for academic purposes will be granted at the discretion of the School. Applications for academic leave will include the name of the academic institution and the particulars of the educational program into which the teacher seeks admission and/or special course of study to be pursued.

9. Curriculum Leave: Teachers desiring to develop curriculum materials will be granted a leave of absence under this article according to the provisions of Section 8 above. All applications for leave to develop curriculum materials will include the particulars of the education program or details of the particular curriculum project which the teacher will pursue.

10. Any teacher who is ill or injured will be granted a leave of absence.

11. Extended Sick Leave: Teachers will be granted extended leaves in the event of unforeseen circumstances not covered by the sick leave clause for a period of one (1) year.

12. Association Leave: Teachers in the School who are elected or appointed to positions within the Association will upon proper application be granted a leave of absence for one (1) year. No more than one (1) teacher may apply for this leave in any year. Any leave taken under this provision will be without pay. A teacher granted such a leave will continue to accrue seniority for salary increments during such leave. Teachers granted such leave will retain all insurance, pension, and other benefits. The Association will forward in advance all monies to cover these benefits. Upon return to service said teacher will be placed on the assignment which he or she left.

13. Teachers upon written application may be granted leaves of absence. All leaves of absence must be approved in writing with a copy to the Association.

The following will govern the granting of leaves of absence:

13a. All leaves of absence will be granted without pay or other benefits, except as provided herein.

13b. In order to qualify for a leave of absence (except child bearing, child rearing, adoption or extended sick leave of absence), a teacher must have completed three (3) years at Holy Cross High School.

13c. Teachers will return to School with full school seniority for all time spent on such leaves.

If the teacher has worked at least 90 school days, he/she will have this work experience credited as a full year for salary purposes.

13d. A teacher who fails to return to work upon termination of his/her leave of absence will be deemed to have terminated his/her employment.

13e. A teacher will be subjected to immediate dismissal for falsifying any reason given to the School for a leave of absence.

13f. Any teacher taking a leave under this Article will continue to have pension or annuity contributions made in his/her behalf by the School for a period of one (1) year, except as modified by Article XX, Section 2d.

13g. Teachers who are on approved extended leave for illness or accident will continue on the Medical Plan, the Group Life Insurance, Dental and Vision Plans for 180 days and the summer shutdown. The full cost of the premiums will be borne by the School, except as modified by Article XX, Section 9.

Teachers who are on Child Bearing Leave will continue on the Medical Plan, Group Life Insurance Plan, Dental and Vision Plans. The full cost of such premiums will be borne by the School, except as modified by Article XX, Section 9.

Teachers who are on Child Rearing Leave for one (1) year beyond the conclusion of the Child Bearing Leave will continue on the Medical Plan, Group Life Insurance Plan, Dental and Vision Plans. The full cost of such premiums will be borne by the School, except as modified by Article XX, Section 9.

Teachers who are on Adoption Leave or on Child Rearing Leave not preceded by a child bearing leave for one (1) year from the date of birth or adoption will continue on the Medical Plan, Group Life Insurance Plan, Dental and Vision Plans. The full cost of such premiums will be borne by the School, except as modified by Article XX, Section 9.

Teachers who are on Academic Leave, Curriculum Leave or the second year of Adoption or Child Rearing Leave will continue on the Medical Plan, Group Life Insurance Plan, Dental and Vision Plans. The full cost of such premiums will be borne by the teacher.

13h. When the requested date of return from an approved leave substantially interferes with the continuity of instruction then the School may adjust the return day to a more suitable time. Should this adjustment prevent the teacher from returning in the 4th quarter of the school year and this interferes with the 90 day rule as specified in Article XII, Section 13c, the teacher will not be penalized and will receive the full year's credit for salary purposes.

14. Leaves not specifically provided for in the contract may be granted in the sole discretion of the School, provided the leave is not for the purpose of seeking or accepting employment elsewhere.

15. If a teacher is granted a leave of absence for one month or more, the School will hire a substitute or re-assign a religious to fill that position for the length of time the teacher is on leave.